Carter v. Buchanan
Supreme Court of Georgia
Trover, in Wilkes Superior Court. Tried before Judge Baxter, September Term, 1850. The errors assigned in this case arose upon the trial of an action of trover for a slave named Jerry. Carter and wife claimed under an alleged parol gift of Jenny, the mother of Jerry, to Esther Caroline Carter, (formerly Kendrick,) when an infant, by her grandfather, Jacob Bull.
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Trover, in Wilkes Superior Court. Tried before Judge Baxter, September Term, 1850. The errors assigned in this case arose upon the trial of an action of trover for a slave named Jerry. Carter and wife claimed under an alleged parol gift of Jenny, the mother of Jerry, to Esther Caroline Carter, (formerly Kendrick,) when an infant, by her grandfather, Jacob Bull. Jenny and her offspring had been in the possession of Jones Kendrick, the father of Mrs. Carter, from the time of the alleged gift in 1814, until his death, thirty-five years thereafter. The plaintiffs were married in 1830. This suit…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first error complained of is, the refusal by the Circuit Court to permit evidence to be introduced on the trial, that Jenny, the mother of Jerry, the boy in dispute, was always recognized, in the family of Jones Kendrick, under whom the defendant claims, as the property of Mrs. Carter, one of the plaintiffs.
Hearsay and reputation are competent to establish certain facts, such as birth and pedigree, but are inadmissible, we apprehend, ■to create or destroy title. To make this legal testimony against Kendrick, it should have been at least…
2Cited by4 opinions
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Pickering v. WagnonCourt of Appeals of Georgia · 1955
- Gray v. ObearSupreme Court of Georgia · 1877
- Pickering v. WagnonCourt of Appeals of Georgia · 1955